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Ethics Opinions

Opinions of the Ethics Committee over the years are listed below. They make an excellent starting place to research an ethical question. The Committee also can steer lawyers to ethics opinions from the ABA, other states, and other ethics resources that may be helpful. Most importantly, the Ethics Committee exists to be are source for members of the Bar. Please never hesitate to get in touch with questions or suggestions of how the Committee can best serve you.

Please note: The Ethics Committee is NOT the Disciplinary Board. The Ethics Committee exists not to identify and discipline ethical violations, but to confidentially assist lawyers in achieving compliance with the Rules of Professional Responsibility.

2023
  • 2023-06: (Rules 1.2, 1.7, and 1.11)
    • Whether an attorney or firm providing court-appointed criminal defense services to a County may represent the County’s county seat on matters unrelated to those criminal defense services?
    • Answer: Not without limiting the scope of representation and obtaining any required conflict of interest waivers, and not without otherwise satisfying the rules regarding concurrent conflicts.
  • 2023-05: (Rules 5.5)
    • Whether an attorney who is not licensed in South Dakota may take a deposition in an adjudicative proceeding venued in a South Dakota state tribunal on behalf of a party if the attorney is licensed in the state where the deposition is going to be taken.
    • Answer: Not without being admitted Pro Hac Vice in the South Dakota proceeding.
  • 2023-03: (Rules 1.15)
    • If a lawyer has set aside settlement funds to pay sales taxes as they are incurred through collection of a structured fee settlement, may the lawyer treat the funds as the lawyer’s own and invest or otherwise utilize them pending the need to pay the sales taxes?
    • Answer: Yes. In fact, the lawyer must keep these funds segregated from client funds.
  • 2023-02: (Rules 6.5)
    • When a lawyer is providing services under a pro bono program sponsored by a nonprofit organization or court on a short term basis, without expectation that there will be future representation, such as for a legal help line or free legal clinic, what obligations does the lawyer have to check for conflicts of interest, and are there any particular record keeping requirements or recommendations.
    • Answer: The lawyer is not required to check for conflicts, but the lawyer must decline to provide advice if the lawyer has actual knowledge that the lawyer or the lawyer’s firm’s representation of another client, either concurrently or in the past, gives rise to a conflict of interest.
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